Final Report Blames Driver Error In Migrant Van Crash That Killed 9

July 16, 2004|By Derek Simmonsen Fort Pierce Tribune

FORT PIERCE — The final report on an April 1 migrant van crash lays blame for the accident on the driver rather than any vehicle errors.

The Florida Highway Patrol traffic homicide report, which was made public Thursday, cites driver Salvador Leon, 34, as the only one responsible for the Interstate 95 crash. The state attorney's office said Wednesday it would not pursue criminal charges against Leon because his actions were not reckless.

Nine men were killed and another 11 injured in the accident that occurred on I-95 near the Orange Avenue exit.

While previous estimates put Leon's speed at about 75 miles per hour, the report estimates he was likely traveling between 84 and 88 mph at the time of the accident. The speed limit is 70 mph.

None of the van's 19 occupants were wearing a seatbelt, the report states. Leon's seatbelt reportedly was fastened behind the seat in an apparent attempt to disable the van's seatbelt warning alarm.

The southbound van apparently drifted onto the east shoulder of the road while Leon was passing a tractor-trailer and he overcorrected, sending the van out of control. There was no evidence of any vehicle problems prior to the crash, the report states.

Weight was a major factor, though, because there were 19 people in a van designed to hold 15. A weight shift occurred as Leon overcorrected, contributing to a loss of control before the van flipped four times and ejected 16 people, the report states.

A suspended license charge was dropped last month against Leon after the state attorney's office found the suspension was in error. Leon still faces a traffic citation for failure to drive within a single lane, which carries an $88 penalty.

He has pleaded not guilty to the charge and is awaiting a non-jury trial, court records show.